Decision 2039M – Calaveras County Water District
SA-CE-510-M
Decision Date: June 19, 2009
Decision Type: PERB Decision
Description: The Charging Party alleged the employer retaliated against a probationary employee for engaging in protected activity when it terminated her employment.
Disposition: The Board affirmed the partial charge dismissal finding the charge failed to demonstrate the nexus element of a prima facie case of retaliation.
Perc Vol: 33
Perc Index: 110
Decision Headnotes
300.04000 – Individual/Concerted/Activities/Self-Representation
Employee engaged in protected activity when she: participated in informational picketing, signed pro-union petitions and dressed in union insignia at work; participated in a "human chain" in support of a new contract, which required drivers to drive through the parking lot between employee "chains"; and signed a petition circulated by the union to remove her supervisor from her duties.
504.03000 – Departure from Past Practices or Procedures
No right to union representative was established because no investigatory meeting was scheduled.
504.04000 – Timing of Action
Timing element present. The employer issued a negative evaluation within one to two months of employee's protected activity and the termination occurred within approximately three and one-half months of the protected activity.
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
No evidence that employee had a consistent, documented history of excellent work prior to receiving a negative evaluation.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
No evidence that employee had a consistent, documented history of excellent work prior to receiving a negative evaluation.
504.12000 – Employer Statements or Conduct; Threats
Nexus not established by board member comment that employees would be fired if they went on strike, because board member was not aware of employee's protected activity and had no role in the adverse action.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board disregarded new evidence of positive evaluations submitted on appeal as no good cause was shown to accept the new evidence.